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PostPosted: Sat Sep 23, 2006 6:23 am 
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Joined: Fri Jul 14, 2006 6:19 am
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FTC Interpretations of the FTC Holder Rule

Congress decided to provide the Federal Trade Commission with duties to interpret a wide variety of consumer laws involving trade. The FTC is also accorded powers to issue regulations and opinions about the impact of such laws. Considerable respect and deference is due the interpretation given a statute by the officers or agency charged with its administration. An agency's construction of its own regulations has been regarded as especially due that respect. Ford Motor Credit Company v. Milhollin, 444 U.S. 555, 566, 100 S.Ct. 790, 797, 63 L.Ed.2d 22 [1980]. Of course, not all courts pay deference and are free to disagree with the FTC. Jerri's Ceramic Arts, Inc. v. Consumer Product Safety Comm., 874 F.2d 205, 207-08 [4th Cir.1989] [distinguishing effect of agency interpretative rules, which are statements of what the agency thinks a statute means, from substantive or legislative rules, issued pursuant to delegated authority, which have the force of law].

David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555

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